Kimmet gets 10 years for sexual misconduct

November 6, 2012

A former tennis coach convicted of sexual battery and illegal use of a minor in nudity-oriented material for having sexual conduct with a 17-year-old student was sentenced to a total of 10 years in prison Monday.

David A. Kimmet, 64, of Tiffin, who pleaded guilty to the third- and second-degree felony charges in September, appeared Monday afternoon amid a full court room to receive his sentence.

Kimmet was arrested in June after police learned he had had sexual conduct with a 17-year-old girl who also was his tennis student. Graphic sexually-oriented messages believed to have been communication between Kimmet and girl, along with nude photographs of the girl, also were found at Kimmet's residence.

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Kimmet

Various letters recommending a sentence had been sent to visiting Judge Russell Wiseman, and the victim and her mother spoke Monday prior to the announcement of Kimmet's sentence.

"Dave was an adult, a father and a husband. He should have understood how precious children are," the victim said.

"He doesn't deserve the freedom to do this to one more girl and take any more childhoods away," she said.

A letter written by Kimmet was read out loud by Jill Varnes-Richardson, Kimmet's attorney.

"I never planned or intended on hurting anyone," the letter said.

The letter also stated that Kimmet had been coaching tennis for 45 years and that his main focus as a coach was for the students to have fun. In the letter, he apologized to his family and the victim's family.

Varnes-Richardson and Lorin Zaner, Kimmet's attorneys, had asked Wiseman to impose a four-year sentence. The maximum possible sentence was 13 years.

Seneca County Prosecutor Derek DeVine asked Wiseman to hand down a 10-year sentence.

"People in this community need to know that there's a line and you can't cross that line no matter what," DeVine said. "There's a line and it's not blurry and it's not grey. It's black and white. Mr. Kimmet clearly crossed that line."

DeVine also said that the girl had received serious mental injuries as result of the crimes and that Kimmet violated his bond on multiple occasions by having contact with the girl following his arrest.

"We did not have one crime. We had multiple crimes. We had sexual relations and photographs. Both of those need to be punished," DeVine said.

Wiseman spoke to Kimmet before announcing his decision.

"The harm you caused is almost incalculable," he said.

Wiseman also told Kimmet that his conviction of illegal use of a minor in nudity-oriented material added to the level of depravity of his conduct.

As part of his sentence, Kimmet was ordered to pay a $1,000 fine and also was ordered to register as a Tier III sex offender. Restitution for the victim was ordered.